Patna High Court

Jagannath ChaudharyversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The Court directed the Sub‑Divisional Magistrate to conclude the pending proceedings and pass a reasoned order within four weeks, thereby disposing of the writ petition.

Summary

Petitioner Jagannath Chaudhary filed a writ petition seeking the release of a room seized under a police case registered under IPC sections 272, 273/34 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The Sub‑Divisional Magistrate had issued a notice on 7‑Oct‑2024 directing release upon payment of a penalty, but the matter remained pending. The petitioner argued that the magistrate should be directed to pass a final order promptly. The High Court held that it could direct the magistrate to conclude the proceedings within a stipulated period and ordered a reasoned order within four weeks. Accordingly, the writ petition was disposed subject to the magistrate’s compliance.

Issues considered

Whether the High Court may direct the Sub‑Divisional Magistrate to pass a final order on the release of seized property within a specified time‑frame.
Whether the petitioner is entitled to immediate release of the seized room pending the pending proceedings.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Indian Penal Code — s. 272, 273/34

Subjects

civil writ jurisdiction
seizure of property
excise law
Bihar Prohibition and Excise Act
Indian Penal Code
sub‑divisional magistrate
time‑bound order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19494 of 2025
                 ======================================================
                 Jagannath Chaudhary S/O Shyam Sundar Chaudhary, Resident of village-
                 Nanour, Ward No.4 P.S.-Rudrapur, District- Madhubani.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Excise and Prohibition
                 Department, Government of Bihar, Patna.
           2.    The Excise Commissioner, Bihar Excise, Patna.
           3.    The Collector-cum-District Magistrate, Madhubani.
           4.    The Superintendent of Police, Madhubani.
           5.    The Sub-Divisional Officer, Jhanjharpur, District- Madhubani.
           6.    The S.H.O, Rudrapur P.S, District- Madhubani.
           7.    The Investigation Officer of Rudrapur, P.S case no. 88/2023, P.S- Rudrapur,
                 District- Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Subhash Kumar Mishra, Adv
                 For the Respondent/s   :      Mr. Standing Counsel (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   12-01-2026                 Though the present petition has been filed for

                   directing the respondents authorities to release the seized room

                   in question, which has been sealed in connection with Rudrapur

                   P.S. Case No. 88 of 2023 dated 06.07.2023, registered under

                   Section 272, 273/34 of the I.P.C. and Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016, however at the outset learned

                   counsel for the petitioner submits that the learned Court of Sub-

                   Divisional Magistrate, Jhanjharpur, has already sent a notice
          Patna High Court CWJC No.19494 of 2025(2) dt.12-01-2026
                                                     2/2




                    dated 07.10.2024 in the matter of release of the house/room

                    upon payment of penalty, to which reply has already been filed,

                    hence it is submitted that the learned Court of Sub-Divisional

                    Magistrate, Jhanjharpur, be directed to pass the final order in

                    accordance with law within a stipulated time frame inasmuch as

                    the said proceedings are still pending.

                                2. Learned counsel for the Respondent-State submits

                    that in case the said proceedings have not been concluded, the

                    final order would definitely be passed within a stipulated time

                    frame as is fixed by this Court.

                                3. Having regard to the facts and circumstances of the

                    case, we deem it fit and proper to direct the Sub-Divisional

                    Magistrate, Jhanjharpur, to conclude the aforesaid proceedings

                    within a period of four weeks from today, if not already

                    concluded, by passing a reasoned and a speaking order in

                    accordance with law.

                                4. Accordingly, the present writ petition stands

                    disposed of on the aforesaid terms.



                                           (Mohit Kumar Shah, J)


                                              ( Praveen Kumar, J)
Jyoti/-
U

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